In Re Jmm

534 S.E.2d 892, 244 Ga. App. 171, 2000 Fulton County D. Rep. 2608, 2000 Ga. App. LEXIS 659
CourtCourt of Appeals of Georgia
DecidedMay 24, 2000
DocketA00A0551
StatusPublished

This text of 534 S.E.2d 892 (In Re Jmm) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Jmm, 534 S.E.2d 892, 244 Ga. App. 171, 2000 Fulton County D. Rep. 2608, 2000 Ga. App. LEXIS 659 (Ga. Ct. App. 2000).

Opinion

534 S.E.2d 892 (2000)
244 Ga. App. 171

In the Interest of J.M.M. et al., children.

No. A00A0551.

Court of Appeals of Georgia.

May 24, 2000.

*893 Quillian, Lonson & Edwards, Michael L. Edwards, Savannah, for appellant.

Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen A. Sgrosso, Assistant Attorney General, Beckmann & Lewis, Leo G. Beckmann, Jr., Savannah, for appellee.

RUFFIN, Judge.

The juvenile court entered an order terminating the parental rights of appellant with respect to her two daughters, J.M.M. and J.A.M. Appellant contends that there was insufficient evidence that she is presently unfit to parent. We disagree and affirm.

A juvenile court may terminate parental rights only if there is "present clear and convincing evidence of parental misconduct or inability" and termination would be in the best interest of the child.[1] The juvenile court determines parental misconduct or inability by finding that (1) the child is deprived; (2) lack of proper parental care or control by the parent in question caused the deprivation; (3) the deprivation is likely to continue or will not likely be remedied; and (4) continued deprivation is likely to cause serious physical, mental, emotional, or moral harm to the child.[2]

In determining whether a child is without proper parental care or control, the court must consider a number of factors, three of which are relevant here: (1) whether the parent has a medically verifiable mental or emotional deficiency that renders her unable to meet the child's needs;[3] (2) whether the parent has an excessive use or history of chronic unrehabilitated substance abuse that makes her incapable of meeting the child's *894 needs;[4] and (3) "[i]njury or death of a sibling under circumstances which constitute substantial evidence that such injury or death resulted from parental neglect or abuse."[5] In addition, when the child is not in the custody of the parent, the court shall consider whether the parent "without justifiable cause has failed significantly for a period of one year or longer" prior to the filing of the termination petition to comply with a court-ordered plan designed to reunite her with the child.[6]

On appeal of a termination of parental rights, we view the evidence in the light most favorable to the juvenile court's decision to determine whether any rational trier of fact could conclude by clear and convincing evidence that the parent's rights to custody have been lost.[7] We do not weigh the evidence or determine the credibility of the witnesses, and we defer to the juvenile court's factfinding.[8]

Applying this standard, the record shows that appellant has had four children, all fathered by her husband, James.[9] Her first child, a boy, was born when appellant was 16 years old. James allegedly physically abused the boy, who now lives with his maternal grandmother. Appellant's second child, a girl, was born when appellant was 17 years old. This child died at the age of three months after appellant allegedly rolled on top of her and suffocated her.

Appellant's third child, J.M.M., was born on September 14, 1994, when appellant was 18 years old. On October 26, 1994, J.M.M. was taken to the hospital with severe bruising on her face. Appellant testified that J.M.M. was home with her father when the injuries occurred. On November 9, 1994, J.M.M. was taken to the hospital again and was found to have a broken leg. The Department of Family & Children Services (DFCS) obtained emergency custody of J.M.M. on November 10, 1994, and after a hearing, the juvenile court ruled that she was deprived. That order was not appealed. J.M.M. was placed with her mother's aunt and uncle.

DFCS developed a case plan to reunite appellant with J.M.M., and the plan was approved by the juvenile court.[10] The plan required appellant to (1) visit with J.M.M. weekly, if possible; (2) successfully complete parenting classes or group therapy as required by her DFCS caseworker; (3) submit to a psychological evaluation and follow any resulting recommendations; (4) pay child support in the amount of $10 per month; (5) use nonphysical means of discipline with J.M.M.; and (6) participate in a support group for battered women. According to Beth Miller, appellant's first DFCS caseworker, appellant failed to meet these requirements. Between December 1994 and September 1995, appellant visited J.M.M. only about once per month; she enrolled in a parenting class but dropped out after three sessions; she paid child support only once; and she did not participate in a battered women's support group. Appellant did undergo a psychological evaluation but failed to attend recommended follow-up counseling sessions.

In August 1995, a Citizens Review Panel reviewed J.M.M.'s situation and recommended termination of appellant's parental rights. The juvenile court entered an order extending DFCS' custody of J.M.M. and continuing the same case plan. Miller testified that, following the court's order, she tried again to convince appellant to take a parenting class. She also discussed with appellant "the irregular visitation and the need to pay child support." Appellant eventually completed a parenting class in October 1995.

*895 Also in August 1995, J.M.M. was diagnosed with fetal alcohol syndrome. Appellant was pregnant with a fourth child at the time. As a result of the fetal alcohol syndrome diagnosis, appellant's case plan was amended to include the requirement that she complete a substance abuse program. According to Miller, appellant told her that she began drinking heavily after the death of her second child. However, appellant failed to understand that her drinking during pregnancy had an effect on any child being carried in the womb. Miller testified that appellant never completed a substance abuse program while Miller was the caseworker. Miller enrolled her in a program, but appellant would always say "that she was going to go and be there but, yet, would not follow through." In October 1995, appellant gave birth to her fourth child, J.A.M., who was temporarily placed with her maternal grandmother. After holding a hearing, the juvenile court ruled that J.A.M. was deprived and would remain in the custody of DFCS. This order was not appealed.

In March 1996, the juvenile court entered an order continuing J.M.M. and J.A.M. in the custody of DFCS. The order noted that an additional requirement had been added to the case plan—that appellant "[r]emain drug and alcohol free and submit to periodic screens." Miller testified that appellant and her husband were then separated and that she had trouble locating appellant. After she found appellant, Miller took her for an unannounced drug screen on May 1, 1996, which was positive for alcohol and marijuana. Six days later, appellant was taken for another drug screen immediately after a court hearing, and the results were negative. Appellant was supposed to get additional drug screens as part of her treatment program, but she did not follow the program.

Following a hearing in May 1996, the juvenile court entered another order extending DFCS' custody of J.M.M.

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In the Interest of J. M. M.
534 S.E.2d 892 (Court of Appeals of Georgia, 2000)

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Bluebook (online)
534 S.E.2d 892, 244 Ga. App. 171, 2000 Fulton County D. Rep. 2608, 2000 Ga. App. LEXIS 659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jmm-gactapp-2000.